| Matter of Jedrlinic v Village of Babylon |
| Motion No: 2024-01813 |
| Slip Opinion No: 2024 NY Slip Op 80311(U) |
| Decided on December 16, 2024 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M301482
AFA/
VALERIE BRATHWAITE NELSON, J.P.
LARA J. GENOVESI
HELEN VOUTSINAS
DONNA-MARIE E. GOLIA, JJ.
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2024-01813 In the Matter of Judith A. Jedrlinic, appellant, v Village of Babylon, et al., respondents. (Index No. 61401/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated January 10, 2024. Motion by the respondents to strike stated portions of the appellant's appendix and brief on the ground that they contain and refer to matter dehors the record. Application by the respondents to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted to the extent that pages A-87 through A-104 and A-312 through A-345 of the appendix and the material on page 20 of the appellant's brief beginning with the words "Motion to Reargue" and ending with the words "(A324-A325)," on page 33 consisting of the words "(A99, para. 42)," on page 36 consisting of the words "(A100, para. 44)," on page 37 consisting of the words "(A100, para. 43)," on page 38 consisting of the words "(A101, para 50)" and "(A102, para 51)" are stricken, and on or before January 15, 2025, the appellant shall serve and file, via NYSCEF, a replacement brief and appendix that do not contain the stricken material and are in all other respects the same as the brief and appendix previously filed, and the motion is otherwise denied; and it is further,
ORDERED that the application to extend the time to serve and file a brief is granted, and on or before February 14, 2025, the respondents shall serve and file the respondents' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
BRATHWAITE NELSON, J.P., GENOVESI, VOUTSINAS and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court